Decisions of the Commissioner of Education of New York State on residency: 1958 to 1997
The purpose of this study was to analyze all of the Commissioner of Educations' decisions on residency rendered in the last forty years, with an eye on developing a better understanding of how these decisions are made and to codify the rules that they establish. In addition, this study examined the observable impact that these decisions have on school districts and on parents/guardians and students.
This study relied on a reading of every residency decision rendered, interviews with some of the major parties involved in making them, a review of pertinent regulations and laws that control this area of the law, an examination of the historical factors that account for the Commissioners' powers in New York State and further analysis of litigation in the courts that have challenged these rulings. Based on this research certain an established policy can be identified. The result has been the discovery that these decisions contain an internal logic that consistently supports the interest of the state, with some notable exceptions in determinations dealing with homeless students and foster children. The courts on the state and federal level have supported the Commissioners' judgments.